Tag Archives: ICT 1

30 July 2013: ICT-1 Daily Summary – Khokon Pre-Trial, Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Proceedings against Zahid Hossain Khokon
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

On 18 July the Tribunal took cognizance of the charges proposed against Zahid Hossain Khokon and issued a warrant for his arrest. Today the Tribunal passed an order under Rule 31 instructing the relevant authorities to publish notice of the warrant in the Daily Jonokontho and the Daily Star asking Zahid Hossain Khokon to appear before the Tribunal by 14 August 2013.

In the Salauddin Qader Chowdhury case the Prosecution made its Closing Arguments for the third consecutive day. The Prosecution presented their arguments on Charges 7, 8, 10, 11, 14 and 17. On 24 July the Tribunal passed an order allotting the 3 days to the Prosecution for their Closing Arguments, with an additional day allotted for the Prosecution’s reply to the Defense’s Closing Arguments. However the Prosecution had not completed their submissions by the end of today’s session and requested two additional days. The Tribunal granted them only one additional day, asking that they complete their presentation by tomorrow, 31 July 2013.  Continue reading →

29 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

 At the beginning of today’s proceedings the Tribunal summarily rejected an application for adjournment filed yesterday by the Defense requesting additional time for approval from the Chief Justice for High Court judge Shamim Hasnain to testify in the Chowdhury case. The Prosecution then continued with its Closing Arguments for the second consecutive day, addressing charges 3, 4, 5 and 6. Arguments will continue tomorrow. Continue reading →

28 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain

In the Chowdhury case the Prosecution began their Closing Arguments, addressing charges 1, 2 and 3. The Defense also filed an application seeking adjournment stating that Shamim Hasnain is willing to testify in the case and has requested permission to do so from the Chief Justice. They requested adjournment until approval is granted. The Defense also attached a letter sent by Salman F Rahman (one of the proposed DWs) to the registrar in which the potential witness stated that he is currently out of the country, has fallen ill and has been instructed by his doctors to recover prior to traveling. The Tribunal responded that if it decided the application merited hearing it would appear in the cause list the next day.

In the case against Mobarak Hossain today was scheduled for the examination-in-chief of Prosecution Witness 7. However, due to the Closing Arguments in the Chowdhury case the Tribunal rescheduled the witness’ testimony for 12 August. Continue reading →

25 July 2013: ICT-2 Daily Summary – Alim Prosecution Witness 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the case against Abdul Alim. the Prosecution called the Investigation Officer, Mr ZM Altafur Rahman, as Prosecution witness 35. The Investigation Officer testified about his findings and stated that the accused played a central role in committing atrocities as the Chairman of Jaipurhat Peace Committee, which acted as an auxiliary force of the Pakistani Army.  He referred to documentary evidence collected during the investigation as being incriminating of Alim. These documents include several books that have been exhibited in addition to documents and newspapers seized by the Investigation Officer and enumerated on the Seizure List. Cross-examination was scheduled for a later date.

Demeanor of the Court
A junior member of the Defense informed the Tribunal that senior counsel Ahsanul Huq Hena, who has been cross-examining the witnesses, is ill. The Defense requested a long adjournment until Hena is able to fully recover. The Tribunal was critical of the request and noted that this sort of delay, on a regular basis, is tantamount to obstruction of justice. The Tribunal noted that there have been frequent requests for adjournment based on  either the illness of a Defense counsel or that of the Accused. They stated that such requests will not be entertained and that the Defense must complete the cross-examination between 29 July to 1 August 2013. The Judges stressed that the trial will continue at its pace without such delays, save in exceptional instances.

25 July 2013: ICT-1 Daily Summary – ATM Azharul Islam Cognizance of Charges, Mir Qasem Ali Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against ATM Azharul Islam
  2. Pre-trial Proceedings against Mir Qasem Ali

Today in pre-trial proceedings against suspect ATM Azharul Islam the Prosecution submitted the Formal Charge before the Tribunal. The Tribunal passed an order taking cognizance of the Formal Charge and numbered the case as ICT BD Case No 5 of 2013. The Tribunal also directed the Prosecution to supply the Defense with all of the documents on which the Prosecution intends to rely, as well as the full list of proposed witnesses by the end of the day. They scheduled 18 August for hearing arguments regarding framing of the charges.

The Tribunal also heard an application filed by Alim’s Defense counsel requesting medically appropriate transportation of the suspect to and from the Tribunal. The Defense submitted that the ATM Azharul Islam suffers from back pain but is transported by prison van. The Prosecution objected saying that if such accommodation was made available to all it would create difficulties for the jail authorities due to the shortage of health friendly vehicles. The Tribunal passed an order directing the jail authority to provide ATM Azharul Islam health friendly vehicle if such vehicle is available to the prison authority.

In the pre-trial proceedings against suspect Mir Qasem Ali the Tribunal heard a Defense application seeking adjournment. The Defense submitted that they need privileged communication with their client Mir Qasem Ali. The Defense also requested legible copies of some Prosecution documents. The Tribunal rejected the request for adjournment but scheduled 28 July and 1 August from 10 am to 1 pm for privileged communication between the Defense and their client. They also directed the Prosecution to supply legible copies of the concerned documents if possible. They then heard the Prosecution’s submissions regarding the proposed charges against Ali.

The Prosecution submitted that until 6 November 1971, Mir Qasem Ali was the secretary of the Islami Chhatra Shangho Chittagong division. Between 6 November and 16 December 1971 they claimed that the Accused was also the general secretary of the Provincial Committee of the Islami Chhatra Shangho. They alleged that Mir Qasem was ‘Al-Badr high command.’ Most of the crimes allegedly committed under the leadership of Qasem Ali of took place at Dalim Hotel. The Prosecution briefly read out the 14 charges proposed against Mir Qasem Ali and stated that they had submitted the investigation report, a book titled ‘Muktijudder Potovumi’ vol- 1 and 2, witness statements, map of the place of occurrence, photos, and CDs in support of the charges. The charges are proposed under sections 3(2)(a), 3(2)(g), and 3(2)(h), indicating allegations of crimes against humanity; attempt, abetment or conspiracy; and complicity. The proposed charges are also framed indicating sections 4(1) and 4(2) as the relevant modes of liability, encompassing joint criminal liability and command responsibility respectively. Among the 14 charges proposed, charges 11 and 12 are for murder while the rest are for confinement, abduction, torture and other inhumane acts.